Supreme Court - Daily Orders
Bajri Lease Loi Holders Welfare Society vs The State Of Rajasthan And Ors. Mines ... on 18 May, 2015
Bench: A.K. Sikri, Uday Umesh Lalit
ITEM NO.45 COURT NO.2 SECTION XV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 15369/2015
(Arising out of impugned final judgment and order dated 13/02/2015
in CWP No. 2674/2014 passed by the High Court Of Rajasthan At
Jaipur)
BAJRI LEASE LOI HOLDERS WELFARE SOCIETY Petitioner(s)
VERSUS
STATE OF RAJASTHAN & ORS. Respondent(s)
(interim relief and office report)
Date : 18/05/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.K. SIKRI
HON'BLE MR. JUSTICE UDAY UMESH LALIT
(Vacation Bench)
For Petitioner(s) Mr. Dhruv Mehta,Sr.Adv.
Mr. Yashraj Singh Deora,Adv.
Ms. Shreya Agrawal,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Mr. Dhruv Mehta, learned senior counsel for the petitioner argues that by impugned Notification dated 7.2.2014 issued under sub-section (1) of Section 4 of the Rajasthan Goods (Control of Production, Supply, Distribution and Trade and Commerce) Act, 2014 (in short `the Rajasthan Act, 2014) `Bajri' has been included as Signature Not Verified Digitally signed by Suman Wadhwa Date: 2015.05.19 “declared goods”. He has drawn our attention to Section 2 16:45:27 IST Reason: of the Rajasthan Act, 2014 and particularly clauses (b) and
(d) thereof which stipulate in no uncertain terms that the -2- products of any industry where the control of such industry by the Union is declared by Parliament by law to be expedient in the public interest, such goods would not be covered by the said Act. It is also applicable in respect of those goods where regulation and control of manufacture, sale, supply and distribution rests with Parliament to make law. His submission is that insofar as 'Bajri' is concerned, `Bajri' is a notified minor mineral and entire field is occupied by Mines and Minerals (Regulation and Development )Act, 1957 ( in short `MMDR Act') and therefore the impugned Notification is ultra vires. He further argues that the impugned judgment of the High Court relies upon the judgment of this Court in State of West Bengal and Another vs. Kesoram Industries Ltd. and Others, AIR 2005 SC 1646 which would be applicable in view of the aforesaid submissions and in any case correctness of the said judgment is to be reconsidered by a 9-Judge Bench judgment of this Court as directed in Mineral Area Development Authority & Ors. vs. Steel Authority of India (2011) 4 SCC 450.
Issue notice.
In the meantime, there shall be stay of Notification dated 7.2.2014.
(SUMAN WADHWA) (SUMAN JAIN)
AR-cum-PS COURT MASTER